New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2001-011-577, Claim No. 103522, Motion No. M-63665


Synopsis


Claimant's motion to compel disclosure pursuant to CPLR 3124 is granted.

Case Information

UID:
2001-011-577
Claimant(s):
JASON JOHNSON
Claimant short name:
JOHNSON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103522
Motion number(s):
M-63665
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Jason Johnson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Michael W. Friedman, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 8, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion by claimant to compel disclosure pursuant to CPLR 3124. Under CPLR 3120(A)(1)(i)(2), if an action has been commenced, a party who serves notice to request production of documents must specify the time, not less than twenty days after service of the notice, and the place and manner of making the inspection, copy, test or photograph of the documents requested in the notice. On March 5, 2001, claimant requested disclosure of specifically designated documents within 30 days of service of the notice. In response to claimant's notice for disclosure, defendant sent one requested item, a redacted copy of the logbook entry for June 22, 2000, the date of accrual of the incident.

In the affirmation in opposition to claimant's motion to compel disclosure, the defendant agrees to have copies of the ambulatory health records available at a mutually convenient time. Defendant also alleges that claimant's demand for all inmate grievance complaints filed regarding the B-Block Two Company shower are overly broad and may contribute to an invasion of personal privacy. Moreover, according to defendant, this particular demand undermines the inmates' collective trust in the confidentiality of the Inmate Grievance program as grievance forms should not be afforded to anyone besides the grievant, a direct party, or an individual involved in the review process without the approval of the IGP supervisor. With respect to the work orders filed with the Great Meadow Correctional Facility maintenance department, defendant claims not to have any work orders from the year 2000.

The motion is granted. The ambulatory health records requested will be made available at the correctional facility at a time convenient to claimant. With respect to the requested copies of all inmate grievance complaints filed with Great Meadow Correctional Facility regarding the B-Block Two Company shower, copies should be made available to claimant for inspection with the names redacted to protect the privacy of other inmates. Claimant shall notify the attorney for defendant in writing of convenient times for him to inspect the records.



August 8, 2001
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Notice of Motion dated June 19, 2001
  2. Verification of Jason Johnson sworn to the 19th day of June, 2001 with exhibit annexed
  3. Affirmation in Opposition of Michael W. Friedman, Esq. dated July 10, 2001 with exhibits annexed